THE ARCANE SCHOOLS - Fort Myers Beach Masonic Lodge No. 362

accompanying it, to the Grand Lodge.
As an appeal always supposes the necessity of a review of the whole
case,
the lodge is bound to furnish the Grand Lodge with an attested copy of
its
proceedings on the trial, and such other testimony in its possession as
the appellant may deem necessary for his defense.
The Grand Lodge may, upon investigation, confirm the verdict of its
subordinate. In this case, the appeal is dismissed, and the sentence
goes
into immediate operation without any further proceedings on the part of
the lodge.
The Grand Lodge may, however, only approve in part, and may reduce the
penalty inflicted, as for instance, from expulsion to suspension. In
this
case, the original sentence of the lodge becomes void, and the milder
sentence of the Grand Lodge is to be put in force. The same process
would
take place, were the Grand Lodge to increase instead of diminishing the
amount of punishment, as from suspension to expulsion. For it is
competent
for the Grand Lodge, on an appeal, to augment, reduce or wholly
abrogate
the penalty inflicted by its subordinate.
But the Grand Lodge may take no direct action on the penalty inflicted,
but may simply refer the case back to the subordinate for a new trial.
In
this case, the proceedings on the trial will be commenced _de novo_, if
the reference has been made on the ground of any informality or
illegality
in the previous trial. But if the case is referred back, not for a new
trial, but for further consideration, on the ground that the punishment
was inadequate--either too severe, or not sufficiently so--in this
case,
it is not necessary to repeat the trial. The discussion on the nature
of
the penalty to be inflicted should, however, be reviewed, and any new
evidence calculated to throw light on the nature of the punishment
which
is most appropriate, may be received.
Lastly, the Grand Lodge may entirely reverse the decision of its
subordinate, and decree a restoration of the appellant to all his
rights
and privileges, on the ground of his innocence of the charges which had
been preferred against him. But, as this action is often highly
important
in its results, and places the appellant and the lodge in an entirely
different relative position, I have deemed its consideration worthy of
a
distinct chapter.